RAJENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HON'ble Amitava Lala, J. The second appeal has been placed before us by an administrative order dated 24th September, 1993 by the then Chief Justice of the High Court due to conflicting decisions between two learned single Judge having been connected with several writ petitions previously arising out of com-mon question. All matters are decided by this common judgment making binding effect upon all such cases. The Second Appeal No. 496 of 1988, Civil Misc. Writ Petition No. 7343 of 1989 and Civil Misc. Writ Petition No. 7343 of 1996 have been dealtwith as leading cases.

(2.) ALTHOUGH several substantial questions of law are raised by the appellant but in view of the arguments as put forward by the learned Counsel appearing for the appellant as well as the writ petitioners, the following questions are inevitable to be considered by this Court: " Whether as per Section 122-Bsub-sections (4-C), (4-D) and (4-E) of U. P. Z. A. and L. R. Act, 1950, civil suit is the appropriate remedy to resolve the dispute. Or Whether writ petition could lie against any order under such section irre-spective of availability of alternative and efficacious remedy of civil suit. "

(3.) THE preamble of the U. P. Zamindari Abolition and Land Reforms Act, 1950, (for short hereinafter referred to as the Act of 1950) is as follows : " Where it is expedient to provide for the abolition of the Zamindari system which involves intermediaries between the tiller of the soil and the State in the Uttar Pradesh and for the acquisition of their rights, title and interest and to reform the law relating to land tenure consequent on such abolition and ac-auisition and to make provision for other matters connected there with. "